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Res. No. 129-09-12938RESOLUTION NO.: 129-09-12938 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FLORIDA ENGINEERING AND DEVELOPMENT CORP. FOR CONSTRUCTION OF CITYWIDE DRAINAGE IMPROVEMENTS PHASE V PROJECT IN AN AMOUNT OF $155,703.20 TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT AND THE PEOPLE'S TRANSPORTATION PLAN ACCOUNT NUMBERS 106 - 1726- 536 -6302 AND 124- 1730- 541 -3450 RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission wishes to provide drainage improvements along S.W. 85th Street from SW 6e Avenue to SW 62" Avenue, SW 60 Avenue from S.W. 58 Terrace to approximately 260 ft. north and the employee parking lot at the Public Works Compound (known as Citywide Drainage Improvements Phase V), and WHEREAS, the Mayor and City Commission authorize the City Manager to execute a construction contract with Florida Engineering and Development Corp. for the Citywide Drainage Improvements Phase V project for an amount of $155,703.20. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: That the Mayor and City Commission authorize the City Manager to execute a construction contract with Florida Engineering and Development Corp. for the Citywide Drainage Improvements Phase V project for an amount of $155,703.20. Section 2: That the project's construction cost shall be charged to the following accounts with the associated balances before this expenditure: Account No. Description Amount Account Balance 106 - 1726- 536 -6302 FDEP $77,851.60 $200,000.00 124 - 1730 - 541 -3450 PTP $77,851.60 $299,168.25 Section 3. The attached agreement is made a part of the resolution. PASSED AND ADOPTED this 4th day of August , 2009. ATTEST: ( ✓r7� %7 CITY CLERK 17u\71'k107_\u7 [ it • • - GUMMISSIUN VUIE: 5 -v Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Newman: Yea Commissioner Sellars: Yea South Miami A9- Americactry CITY OF SOUTH MIAMI ' I OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: W. Ajibola Balogun, City Manager 4k; FA � From: Jose Olivo, P.E. Public Works & Engineering Department Date: August 4, 2009 Agenda Item No.: Subject: Construction Contract with Florida Engineering and Development Corp. for Citywide Drainage Improvements Phase V. Resolution: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FLORIDA ENGINEERING AND DEVELOPMENT CORP. FOR CONSTRUCTION OF CITYWIDE DRAINAGE IMPROVEMENTS PHASE V PROJECT IN AN AMOUNT OF $155,703.20 TO BE CHARGED TO FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) GRANT AND THE PEOPLE'S TRANSPORTATION PLAN ACCOUNT NUMBERS 106 - 1726- 536 -6302 AND 124 - 1730 - 541 -3450 RESPECTIVELY; PROVIDING FOR AN EFFECTIVE DATE. Request: Authorizing the City Manager to execute a construction agreement with Florida Engineering and Development Corp. for construction of Citywide Drainage Improvements Phase V. Reason /Need: In efforts to continue upgrading our drainage system citywide, we have completed construction design plans and bid phase analysis for the following areas: -SW 851h Street (from SW 60th Ave. to SW 62nd Ave. ) -SW 64th Avenue (from SW 58th Terrace to approximately 260 ft. north) - Employee Parking Lot at Public Works Compound The Notice of bid invitation for the construction bid was publicly advertised on June 1, 2009, with pre -bid conference held Monday, June 15, 2009. The sealed bids were publicly opened on Wednesday, July 1, 2009. A total of eighteen bidders responded with bids ranging form $153,918.58 to $410,789.00. Bid tabulations indicated that the apparent lowest bidder was A&A Fonte, Inc. with a bid amount of $153,918.58. However their bid was deemed ineligible after a review of the bidder's verification of references for experience as a drainage contractor and ability to perform the work within specified time and budget. Therefore, the bidder's references were found to be non - responsive, resulting in an ineligible bid as per Item No. 11 Section 00200 of the project bid manual. Cost: Funding Source: Consequently, we proceeded to work with our engineering consultant (TY Lin International /HJ Ross) to review the bid and check references for our second lowest bid, Florida Engineering and Development Corp. who was deemed eligible. Attached is the letter of recommendation submitted by TY Lin International /HJ Ross recommending Florida Engineering and Development Corp. as the lowest responsive bidder in an amount of $155,703.20. Public Works - Engineering staff has reviewed the bid documentation and concurs with the recommendation as provided by TY Lin International /HJ Ross. $155,703.20 Total construction cost is $155,703.20 of which $77,851.60 will charged to FDEP Grant account account balance of $200,000.00 and People's Transportation Plan accoun t account balance of $299,168.25. Backup Documentatiot Ll number 106- 1726- 536 -6302 $77,851.60 will be charged to number 124 - 1730 - 541 -3450 Proposed Resolution Certified Advertisement of "Notice of Bid Invitation" Bid Opening Report Engineer's Letter of Recommendation Bid Tabulation Reference Check for Bidder Copy of Section 00500 (Contract). Project Location Plan Meeting Minutes with A&A Fonte, Inc. Page 2 of 2 be with the with UNINTERNATIONAL I HJ ROSS engineers I planners I scientists MEETING MINUTES Subject: Citywide Drainage Improvements - Phase V Bid No. C109 -0601 Attendees: Phone No. Fax No. Jose Olivo, P.E: Public Works - Engineering Dir., CSM 305 - 663 -6350 305 -668 -7208 Jose Nessi - Project Manager, TV-Lin International 305- 567 -1888 Roque Rokovich - Project Engineer, TY -Lin International 305 -567 -1888 Andres Fonte - President, A &A Fonte, Inc. 305 - 512 -4739 305 -512 -4759 A &A Fonte Inc., -Field Supervisor 305 -512 -4739 305 -512 -4759 On Wednesday, July 15, 2009, a meeting was held at the City of South Miami Public Works Department with A &A Fonte, Inc., the apparent low bidder for the Citywide Drainage Improvement Phase V Project. At the meeting, the City informed A &A Foote Inc. that even though they were the lowest bid for the above - referenced project, their bid was deemed ineligible after a review of the bidder's verification of references for experience as a drainage contractor and ability to perform the work within specified time and budget. Mr. Rokovich informed Mr. Fonte that all references provided by A &A Fonte, Inc. in their bid package were contacted and verified via telephone by TV Lin and found them to be non - responsive, resulting in an ineligible bid as per Item No. 11 Section 00200 of the project bid manual. Furthermore, Mr. Rokovich explained to Mr. Foote, that the references provided were not rated since the contact persons referenced could not provide information on A &A Fonte, Inc. because they had no direct contact with A &A Fonte, Inc who performed the work as a subcontractor. Furthermore, Mr. Fonte informed the City that A &A Fonte Inc. had very limited experience working as a prime contractor with municipalities and the government - type bid process. Mr. Fonte acknowledged that they had not provided the appropriate references to verify their work as a drainage contractor. However, A &A Fonte Inc was willing and motivated to continue to submit bids on upcoming City of South Miami proposals. The City advised Mr. Fonte to include - appropriate references for any future bids released by the City. 201 Alhambra Circle, Suite 900 1 Coral Gables, Florida 33134 1 T 305 567 1888 1 F 305 567 1771 1 w lylin com ATTENTION: 420k�� 1-�4Ae_ COMPANY: f}d q IV017re- FAX NUMBER: 3, TELEPHONE: GI7 /tV, Ge �iraina� ✓�rl�roUr.7 r., DATE: 7 -2Z -0 TIME: y iyi^2- �r� - J' f�., j"".S � � , c� 6'd'd� � c_.Y/ �✓ L=. FACSIMILE TRANSMITTAL TYLININTERNATIONAL/ H-MOSS 201 Alhambra Circle Suite 900 Coral Gables, Florida 33134 Tel. (305) 567 -1666 Fax. (305) 567 -1771 EMAIL hjross @tylln- hjross.com FROM: 901ve ROji OOCII- RE: HTeell4f tia7eS — ✓1� / /e GT GI7 /tV, Ge �iraina� ✓�rl�roUr.7 r., 1f)4 yov �/ Gti Grp y /W7 F-e )-I- JOB No. y iyi^2- �r� - J' f�., j"".S � � , c� 6'd'd� � c_.Y/ �✓ L=. TOTAL NUMBER O.F PAGES (Including transmittal cover page): 2- Page(s) REMARKS: 11r A&A 1f)4 yov �/ Gti Grp y G G /�7 i1�P,n�` FY j C� ���cr1( 17--e Perri c�a 33-�EG � d �„$' r' c.� y iyi^2- �r� - J' f�., j"".S � � , c� 6'd'd� � c_.Y/ �✓ L=. THESE ARE TRANSMITTED as designated below: As you requested For Your use Approved as noted Final For review and comment Not approved - Resubmit Your Files Confirmation required _ Hard Copy Other: SIGNED BY: �!% GGt�7 "t7` If the. following is sent erroneously or arrives incomplete and /or illegible kindly notify us at once. F 1UBRARnFaCSimile Tlansmplal Bloc TRANSMISSION VERIFICATION REPORT TIME 07/27/2009 12:33 NAME HJ ROSS ASSOC INC FAX 3054614640 TEL 3055671888 SER.# HROA5J197654 DATE,TIME 07/27 12:32 FAX N0. /NAME 3055124759 DURATION 00:01:19 PAGE(S) 02 RESULT OK MODE FINE ECM FACSIMILE TRANSMITTAL TYLIININTERNATIONAL. /H —R01 2DI Alhambra Circle Suite goo Coral Gables, Florida 33134 Tel. (145) 567 -1888 Fax. (305) 567.1771 EMAIL: h)rossotylln-Mross.com J- iz 30.E ..5-69 8d'e (2, ae- 00'M AiA Fa.,7e _.. SI Ili FA7� NUhA61��t -.,r "; 3 r�,y — si 2 — •y�.� f /: ' 3� FACSIMILE TRANSMITTAL TYLIININTERNATIONAL. /H —R01 2DI Alhambra Circle Suite goo Coral Gables, Florida 33134 Tel. (145) 567 -1888 Fax. (305) 567.1771 EMAIL: h)rossotylln-Mross.com 7bTA ; NUM�EFk O Pi0.GE5 �inctuding tran'smi #�r by ;p�9e , : , ,•: page(s) f rz�Marrts:: J- 30.E ..5-69 8d'e (2, ae- 4 i /�haxr di— C. �. oc et'aax n/ia. -vi 7bTA ; NUM�EFk O Pi0.GE5 �inctuding tran'smi #�r by ;p�9e , : , ,•: page(s) f rz�Marrts:: _b.al. 30.E ..5-69 8d'e MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she Is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/Ida Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Flordd; t,*At- the - attached copy,of- advertisement; being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI BID NO. (3109.0601 CITYWIDE DRAINAGE IMPROVEMENTS - PHASE V in the XXXX Court, was published in said newspaper in the Issues of 06/01/2009 Afflant further says that the said Miami Daily Business Review Is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published In said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement and afflant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. I , /) Sworn to and subscribed before mf KIS 01 day of JUNE , A.D. 2009 (SEAL) V. PEREZ personally known to me Jopav oo�k Notary Public Sfate of Florida Cheryl H. Manner ae'+ My Commisslan DD793490 %FOrsd� E%pires071111IN12 u-u BID OPENING REPORT Bids were opened on Wednesday July 1 2009 at: 3:05nm For: CITYWIDE DRAINAGE NPROVEMEN I PRASE V CAVTR A rTOR R BID AMOUNT: A&A FONTE BUDGET CONSTRUCTION CARIBE UTILITIES OF FLRODIA FLORIDA ENGINEERING 83 3 Y,". Z S GONZALEZ & SONS lf,6 i I .>'/1? JVA ENGINEERING vs' 7 e f Sv LEON'S ENGINEERING CORP. 21 64112..1 Y M.V.R.T. MACONTEC LLC )S4 MAGGOLC INC' MARKS BROTHERS MASTER EXCAVATORS 1 a'1, g91, _ MIGUEL LOPEZ JR INC PABON ENGINEERING INC ©' p PERSANT CONSTRUCTION I.M3 fp TASCO PLUMBING CORP TRAN CONSTRUCTION 2 ) Z WILLIAMS PAVING THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN City Clerk's TYLON INTERNATIONAL I HJ ROSS engineers I planners I scienlist5 July 18, 2009 Mr. W. Ajibola Balogun, REM City Manager City of South Miami 6130 Sunset Dr. South Miami, FL 33143 Re: Citywide Drainage Improvements - Phase V Bid No. CI09 -0601 Dear Mr. Balogun, On July 1, 2009, bids for the above referenced project were received and publicly opened at City of South Miami City Hall. Eighteen bidders responded with bids ranging from $ 153,918.58 to $410,789.00. The Engineer's Estimate of Probable Construction Cost for the project was $248,827.00. Attached is a copy of the Summary of Bid Documentation Review. The lowest bidder is A &A Fonte, Inc with a bid of $153,918.58. The low bid amount in the Bid Opening Report had Leon's Engineering Corp ($145,768.50). However, they failed to include the owner's contingency of $25,000. Attached is also a copy of the Bid Requirements Checklist for the Lowest Five Bidders. A &A Foote, Inc was asked to fax page 2 of Form 00350, since they had provided a set of one -sided copy and the original Form 00350 was two - sided. They were also asked to fax a copy of their 2008 Financial Statement since their bid package had their 2007's Financial Statement. We also interviewed the lowest bidder's two references placed in their Contractor's Questionnaire, Form 00350. The bidder worked as a subcontractor for two Owners provided as references by the bidder. Thus, the references provided could not be verified nor rated since Owner had direct contact only with contractors. Additional project information provided by A &A Foote as part of the submittal package did not provide contact name or number of alternative references. Thus, based on the information provided by the bidder in their bid package, A &A Fonte was not considered an eligible bidder as per Item I1 of Section 00200 -2. We informed A &A Fonte's representatives of their ineligibility status for this bid at a meeting at the City's Public Works Department office on July 15, 2009. 201 Alhamb a Circle, Suite 900 1 Coral Gables, Flaida 33134 1 T 305 567.1885 1 F 305 567.1771 1 w ylin corn Mr. W. Ajibola Balogun, REM City of South Miami Page 2 of 2 The second lowest bidder was Florida Engineering and Development, Corp with a bid of $155,703.20. No irregularities were found in the second lowest bidder's submittal. We also interviewed the references and the bidder was satisfactorily rated by the contact persons provided. Furthermore, our office met with Florida Engineering and Development, Corp. Us morning. The company representative informed us of their readily available equipment and personnel for this project. They understand and have no objections to the project's scope, schedule and construction plans. Therefore, based on the above review of eligibility, we recommend the award of the contract to the apparent low responsive bidder, Florida Engineering and Development, Corp. for an amount of $155,703.20. If you have any questions please,call me. Sincerely, T.Y. Jose K. Nessi Summary of Bid Documentation Review N L a EE °o E � C Z d 00 fn 9 O. 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O rn a FROM :AA FONTE INC FAX NO. :305 5124759 Jul. 06 2009 03:45PM P1 1,111 A11IRS ,., .. no�.�r,,, r= arthwork ^ Wa[er and Sewer ^Storm Drainage ^Paving ^ Concrete Curb and Walk Tin Roque Rokovich From: Allen Navarra Fox, 305.567 -1771 Phone: (305) 512.4739 U:ompany: City of South Miami Date: 07/06/09 City of South Miami Drainage Pages. Improvejnents Phase V Urgent VFor Review Ci Please Comment El Please ROPty Cl Please Quote in Notes /Comment please see attached documents. "thank you, Alien Navarro A &A Fonte, Inc. 12963 W. Okeechobee Road, Suite 8, Hialeah Gardens, FL 33016 • (395) 512.4739 F'ax:(305) 512.4759 FROM :AA FONTE INC FAX NO. :305 5124759 Jul. 06 2009 03:45PM P2 Pedro M. Ramos, CPA, PA 221 E 49th St. TJialeab, VL 33013 305 - 821-3022 To the F;oard of Directors A & A. vONTE, INC. 12963 'W. OI.EECIJOBEE RD, t#8 HIALEfidi GARDENS, FL 33018 I have aomPilcd the accompanying statement of assets, liabilities, and equity - income tax basis of A & A FOT�` E, INC. as of December 31, 2008, and the related statements of revenues, expenses - income tax basi s, and retained earnings - income tax basis for the twelve months then ended, in accordance with Statemorits on Standards for Accounting and Review Services issued, by the American Institute Of Certifi.: d Public Accountants. The financial statements have been prepared on the accounting basis used by the I:;otnpany for income tax purposes, which is a comprehensive basis of accounting other than generally accepted accounting principles. A compilation is limited to presenting in the form of financial statements information that is the repres(ar1tation of management. J have not audited. or reviewed the accompanying financial statements and, accordnrgly, do not express all opinion or any other form of assurance on. them. Manal;errtent has elected to omit substantially all of the disclosures ordinarily included in financial sLgcments prepared on the income tax basis of accounting. If the omitted disclosures were included in the fimarcial statements, they might influence the user's conclusions about the Company s assets, liabiti�.ies, eqt ty, revemles, and expenses. Accordingly, these financial statements are not designed for those r1iho lot infojrrined about such tnatters. �u1f.. Pedro M, Ramos, CPA,, PA June (?, 2009 FROM :AA FONTE INC FAX NO. :305 5124759 Jul. 06 2009 03:45PM P3 A & A FONTB, INC. STATEMENT OF ASSETS, LIABILITIES & EQUITY As of December 31, 2008 ASSETS CURRENT ASSETS 87,435.37 TRANSATLANTIC BANK 619113 BANCO POPULAR 4,858.41 SUN AMERICAN BANK ACCOUNTS RECEIVABLE -TRADE 242,385.75 RETENTIONS RECEIVABLE 292,636.82 182,863,17 DUE FROM ANDRES FONTS 154 084 27 DUE FROM ANDRES FONTE JR q 484.51 ESCROW BAL. - MORTGAGE 9...... 49y . 43 TOTAL CURRENT ASSETS PROPERTY AND EQUIPMENT 397,625.41 WAREHOUSE 1,900,481,86 FIXED ASSETS (1 535 805.00) ALLOW DEP, NET PROPERTY &EQUIPMENT 7_..._ 8—.+3 02.27. 2 TOTAL ASSETS 17 See Acoountancs Complialion Report FROM :AA FDNTE INC FAX NO. :305 5124759 Jul. 06 2009 03:45PM P4 A & A FONTS, INC.. STATEMENT OF ASSETS, LIABILITIES & EQUITY As of December 31, 2008 LIABILITIES AND STOCKHOLDERS' EQUITY CURRENT LIABILITIES ACCOUNTS PAYABLE PAYROLL LIABILITIES C,CARD OFFICE DEPOT C. CARD BRIGGS AMERICAN EXPRESS WASHINGTON MUTUAL CREDIT CARD CREDIT CARD -HOME DEPOT BANCO POPULAR ( LINE OF CREDIT) TOTAL CURRENT LIABILITIES LONG -'TERM LIABILITIES CATERPILLAR EXCAVATOR 3300L CATERPILLAR WHEEL LOADER 938GI CATERPILLAR EXCAVATOR 321CLCR 2 CASE CREDIT COMPACT HAMM 2420 CASE CREDIT TRAILER 50GLS FORD F350 2004 FORD F150 2004 MOTOR GRADER 845 LOAN HAMM ROLLER 3307 LOAN CRAWLER DOZER 550H CASE CREDIT WHEEL, LOADER 821 C CASE LOADER 440CT POINTEER MODEL CS4233H RECYCLER CASE 580SM 2008 FORD F150 2008 CASE40XT MORTGAGE, WAREHOUSE TOTAL LONG-TERM LIABILITIES TOTAL LIABILITIES STOCKHOLDERS' EQUITY RETAINED EARNINGS - C CORP. RETAINED EARNINGS - S CORP. TOTAL STOCKHOLDERS'S EQUITY TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $ 525,476.72 (577.07) 561.Q4 8,156.56 2,650.83 8,084.74 1,941.70 95,389„47 87,626.16 66,146.67 186,722.01 5,391.18 9,344.81 7,501.14 6,877.17 29,674.15 24,851.13 38,49.62 36,472,19 22,512,85 209,570.73 64,614.96 19,658.19 4,388,77 301 600.00 -61,954.05 10.355.13 See mownlant's Compilation Report 641 684.89 1 121,261.73 1,762,946.62 (51,598,92 $ 1,711,3470 FROM :RR FONTE INC FRX NO. :305 5124759 Jul, 06 2009 03:45PM P5 A & A FONTF, INC. INCOME STATEMENT For The 12 Months Ended December 31, 2008 December 31, 2008 INCOME INCOME �, 5156779.29 TOTAL REVENUES 5,158 779 29 COST OF GOODS SOLD SALARIES 412,293.15 33,213.47 PAYROLL TAX EXPENSE 4,684.01 UNIFORMS EXPENSE 580.00 FREIGHT EXPENSE 850.00 CONTRIBUTION 6,605.40 CASE CREDIT CORP 346,608.12 PAVING MATERIALS &SUPPLIES 735.15 512, 1,215.5D SMALL TOOLS EXPENSE ENGINEERING & LAYOUT 63,552.50 80,121.70 STRIPING & SIGNAGE CONCRET CURB & SIDEWALK 226,427.80 MAINTENANCE OF TRAFFIC 36,263.14 AS -BUILT 31,545.10 10,845.00 TESTING RENT - UNITED RENTALS 20,534.35 FORD MOTOR CO.. LEASE 13,589.61 2,201.13 WELLS FARGO LAND ROVER CAPITAL GRP:667.1 2006 BRIGGS EQUIPMENT 22,016.56 5,88237 BROTHER TRUCK REPAIRS 23,524.99 2 DUMP FEES TOTAL COST OF GOODS SOLD 2 86� x 5,139_46 GROSS PROFIT _ 2291639.83 OPERATING EXPENSES: ADVERTISING & PROMOTIONAL 04.84 ,23 234.55 AUTOMOBILE SE 22 T PMEN RENTAL 27,192.16 76,068.32 INTEREST EXPENSE 36,386.71 LICENSES AND PERMITS 20,099.01 MISCELLANEOUS 2,716'07 BUSINESS MEALS PROP ES81ONAL PEES 612,024,78 ADMINISTRATIVE EXPENSE 15,143.31 OFFICER MANAGEMENT SERVICES 80,580,00 DELIVERY EXPENSE -GAS 230,910.50 BANK - SERVICE CHARGES 290.03 222'65 CREDIT CARD CHARGES 178.74 WATER & UTILITIES SUBSCRIPTIONS & DUES 113,068,34 INSURANCE • GENERAL HEALTH INSURANCE EXPENSE 26,150,79 Sea Accountant's Compilation Repod FROM :AA FONTE INC FAX NO, :305 5124759 Jul. 06 2009 03:46PM P6 u A & A FDNTE, INC. INCOME STATEMENT For The 12 Months Ended December 31, 2008 OPERATING INCOME (LOSS) 210 929.55 NET INCOME (LOSS) ..=2 424 'e See Aocountanes Compilation Repod December 31, 2006 STATE FARM INSURANCE 5,707.62 13,429.10 OFFICE SUPPLIES & EXPENSE 1,963.54 PENALTIE&TAXES COMPUTER EXPENSE-SUPPLIES 1,180.60 POSTAGE & MAIL 634.64 390.38 PAYCHECK SERVICES 3 8,585.50 RENT - OFFICE & WAREHOUSE 2,948.51 ALARM SYSTEM WATER & SEWER SERVICES 150.46 16,005.00 ACCOUNTING FEES 3,17.16 LEGAL FEES REPAIRS & MAINTENANCE 10 9,403.09 1,370.75 TRUCK SUNDRY 8,004,70 ROAD TAX LICENSES & MISC. TAXES 486.39 FLORIDA POWER & LIGHT 2,528.10 6,923.24 BELLSOUTH- TELEPHONE 14,137.66 SPRINT PCS AT & T WIRELES 1,970.00 DEPRECIATION 305,404.00 250100"o DEPRECIATION SEC 179 _ 19 00, 137 INTEREST EXPENSE TOTAL OPERATING EXPENSES 2074710,28 OPERATING INCOME (LOSS) 210 929.55 NET INCOME (LOSS) ..=2 424 'e See Aocountanes Compilation Repod FROM :AA FONTE INC FAX NO. :305 5124759 Jul. 06 2009 03:46PM A & A FONTE, INC. STATEMENT OF RETAINED EARNINGS BEGINNING OF PERIOD DRAWS PLUS: NET INCOME LESS: DIVIDENDS PAID RETAINED EARNINGS END OF PERIOD For the 12 Months Ended December 31, 2008 $ 10,235.58 $ (218,810.00) $ 218,920,95 0.00 See AmoontanYs Compilation Report ke ¢OORoo All ap Msgg a 1; 10 V m I M911 9 -1 4-- is pm a I JA is is I lie. I I I k$ 11 1; Is IN Ng i No bw ir, ill I I im, «Jx ohm o og S t I 11 i .1 is s $888 I sit Too it 11 M 1131 Ali I. i I! �1 1 1 1 111.11 i g I I I Ill 1 1 ild! 11 1 11 , 1 11,11111 j 1 !1[- 1 To —wow is s�� al 10 is as IT- fi. ... .... ..... m8: 6888 9 k888 8 IT Ill ke Ilk 1 A: T 5.688'A 888558 Lg "Psh 1,11 tits Lid L a8s58 k8 sSSk k" I L 888 688 858 1 L I L 11 as 8v "88 Al 11 11 1 i 1 111 1 M 1 1 I L 1. i I loll 1 111 13, 8k8 8 8 sk Z777 MAIN I I . 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The above company has included you and/or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: 1— poor 2 — average 3 — above average 4- very good 5- excellent ! I r V Reference given by: Name & Title 41 e 1-4 4,1 ode, Z Reference check conducted by: Name: Xogv,9_, 4 . Rokv �,cc4 Address: City /St/Zip Telephone 60 ^(OZip� Date If you have any question about this form, please call (305)663 -6350. 1 2 3 4 5 Criteria A. Ability to complete project on time e\- B. Ability to stay within the budget X C. Quality of work D. Financial standing if applicable) Ivor E. Experience in their line of work Al Additional Comments (May indicate last project /transaction with contractor): Flo,_1WV JirJeeiv� hGS Wo_, Ced for 11-e CGF (9io� o aJ" 7A-- D a- 4P eka !. n. 7 ! I r V Reference given by: Name & Title 41 e 1-4 4,1 ode, Z Reference check conducted by: Name: Xogv,9_, 4 . Rokv �,cc4 Address: City /St/Zip Telephone 60 ^(OZip� Date If you have any question about this form, please call (305)663 -6350. Engineering & Construction Department Contractor References Based on Experience, Ability and Financial Standing F-1620gla Fn'1 % 'e nom n is/ a potential contractor for the G w�dG / o eA/ DR4•J'G. k It is our practice to obtain referenc s from individuals and colfipanies who have worked with a potential contractor. The above company has included you and /or your company as a reference. We would greatly appreciate your prompt response to the following inquiry as it applies to the nature or your relationship with the company. Those that do not apply should be left blank. Please rate the consultant as follows: 1— poor 2 —average 3 — above average 4- very good 5- excellent Reference given by: Reference check conducted by: Name & Title !a G�' `? p /_� �/ °`+`+j�rName: /�4q(� �• �(�Ko ytGly /�� /acyn (irav� Address: IV Mw y'`" J'TYta%` City /St/ZipT Telephone 3 0 ^ �f /8'Q 211 Date If you have any question about this form, please call (305)663 -6350. .1 2 3 4 5 Criteria A. Ability to complete project on time B. Ability to stay within the budget C. Quality of work D. Financial standing if applicable) N E. Ex erience in their line of work N Additional Comments (May indicate last project /transaction with contractor): Reference given by: Reference check conducted by: Name & Title !a G�' `? p /_� �/ °`+`+j�rName: /�4q(� �• �(�Ko ytGly /�� /acyn (irav� Address: IV Mw y'`" J'TYta%` City /St/ZipT Telephone 3 0 ^ �f /8'Q 211 Date If you have any question about this form, please call (305)663 -6350. SECTION 00500 CQNCT: TICS: r1GItEE }�N.i;'mkde`ati'd'enteied'into this�'day.of AUCtEisb , 2009 ; AM, by and betweenRherCity'of•South IVllatny;:party'of the first the "Owner "), and eintesometimes called the E'l6kidaA 1h0ekinci acid the second' pa ; (h eafr' "C6ritrdctor1): rM,elbgment.,. "; 1.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites for the work to be performed and has fully satisfied himself that such sites are correct and suitable ones for the work to be performed and he assumes full responsibility therefore. The provisions of this Contract shall control any inconsistent provisions contained in the specifications. All Drawings, Specifications and Contract items contained in this Project Manual have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. It is expressly agreed that under no circumstances, conditions or situations shall this Contract be more strongly construed against the Owner than against the Contractor and his Surety. B. Any ambiguity or uncertainty in the Drawings or Project Manual shall be interpreted and construed by the Owner's Engineer and his decision shall be final and binding upon all parties. C. It is distinctly understood and agreed that the passing, approval and/or acceptance of any part of the work or material by the Owner, his Engineer, or by any agent or representative as in compliance with the items of this Contract and/or of the Project Manual covering said work, shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and/or the Project Manual covering said work; and the Owner may require the Contractor and/or his insurer to repair, replace, restore and/or make to comply strictly and in all things with this Contract and the Project Manual any and all of said work and/or services which within a period of one year from and after the date of the passing, approval, and/or acceptance of any such work or services, are found to be defective or to fail in any way to comply with the Drawings and Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. The Contractor shall not be required to do normal maintenance work under the guarantee provisions. Failure on the part of the Contractor and/or his insurer, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the Contractor and/or his insurer, who shall in any event be jointly and severally liable to the Owner for all damage, loss and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Drawings and Specifications. 1.05 LIQUIDATED DAMAGES A. It is mutually agreed that time is of the essence of this Contract and should the Contractor fail to complete the work within the specified time, or any authorized extension thereof, there shall be deducted from the compensation otherwise to be paid to the Contractor, and the Owner will retain the amount of One Thousand Five Hundred Dollars ($1500.00) per calendar day as fixed, agreed, and liquidated damages for each calendar day elapsing beyond the specified time for completion or any authorized extension thereof, which sum shall represent the actual damages which the Owner will have sustained by failure of the Contractor to complete the work within the specified time; it being further agreed that said sum is not penalty, but is the stipulated amount of damage sustained by the Owner in the event of such default by the Contractor. 00500 -2 B. For the purposes of this Article, the day of final acceptance of the work shall be considered a day of delay, and the scheduled day of completion of the work shall be considered a day scheduled for production. 1.06 PARTIAL AND FINAL PAYMENTS A. In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: 1. Within 60 days after receipt of the Contractor's request for partial payment by the Owner, the Owner shall make partial payments to the Contractor, on the basis of the estimate of work as approved by the Owner's Engineer, for work performed during the preceding calendar month, less ten percent (10 %) of the amount of such estimate which is to be retained by the Owner until all work has been performed strictly in accordance with this Agreement and until such work has been accepted by the Owner. _ 2. Upon submission by the Contractor of evidence satisfactory to the Owner that all payrolls, material bills and other costs incurred by the Contractor in connection with the work have been paid in full, and also, after all guarantees that may be required in the specifications have been furnished and are found to be acceptable by the Owner, final payment on account of this Agreement shall be made within sixty (60) days after completion by the Contractor of all work covered by this Agreement and acceptance of such work by the Owner. 1.07 ADDITIONAL BOND A. It is further mutually agreed between the parties hereto that if at any time after the execution of this Agreement and the Performance and Payment Bonds hereto attached for its faithful performance, the Owner shall deem the surety or sureties upon such bonds to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall at his expense, and within three (3) days after the receipt of Notice from the Owner to do so, furnish an additional bond or bonds, in such form and amount, and with such sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed due under this Agreement until such new or additional security for the faithful performance of the work shall be furnished in the manner and form satisfactory to the Owner. 1.08 SOVEREIGN IMMUNI'T'Y AND ATTORNEY'S FEES The City does not waive sovereign immunity for any claim for breach of contract except for payment of any amount owed under the contract; provided, however, that in any action arising out of or to enforce this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and costs, including, but not limited to paralegal costs, and computer research costs. The parties shall not be liable for the prejudgment interest. 1.09 MEDIATION Any claim or dispute out of or related to this agreement shall be subject to informal mediatioa as a condition precedent to the institution of legal or equitable proceedings by either party. Both parties waive the right to arbitration. The parties shall share the 00500 -3 mediator's fee and any filing fees equally. The mediation shall be held in Miami -Dade County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in the Circuit Court for the l Ph Judicial Circuit for the State of Florida. 1.10 SIGNATORY AUTHORITY The officials executing this Agreement warrant and represent that they are authorized by their respective agency to enter into a binding agreement. 1.11 LIENS Contractor is prohibited from placing a lien on the City's property. This prohibition shall apply to, inter alia, all subconsultants and subcontractors, suppliers and laborers. 1.12. INCORPORATE BY, REFERENCE DOCUMENTS ENCLOSED IN PROJECT MANUAL The contract enclosed within the "Project Manual for Citywide Drainage Improvements Phase V, City of South Miami, City's Bid No.: CI09 -0601 and all attachments in the Manual and the Construction Drawings shall be incorporated by reference into the contract, as exhibits to the contract. Between the contract and the attachments in the manual, the provisions of the contract shall control should there be any inconsistency in the documents. 1.13 TRANSFER AND ASSIGNMENT A. None of the work or services under this contract shall be subcontracted beyond that shown on List of Major Subcontractors (Page 00300 -3 of the Proposal) unless Contractor obtains prior written consent from the City. Approved subcontractors shall be subject to each provision of this contract and Contractor shall be responsible and indemnify the City for all subcontractors' acts, errors and omissions. B. The Contractor shall not assign, transfer or pledge any interest in this contract without the prior written consent of the City; provided, however, that claims for money by the Contractor from the City under this contract may be assigned, transferred or pledged to a bank, trust company, or other financial institution without the City's approval. Written notice of any assignment, transfer or pledge of funds shall be furnished within 10 days by the Contractor to the City. 1.14 EXAMINATION AND RETENTION OF CONTRACTOR'S RECORDS A. The City, or any of their duly authorized representatives, shall until three (3) years after final payment under this contract, have access to and the right to examine any of the Contractor's books, ledgers, documents, papers, or other records involving transactions related to this contract for the purpose of making audit, examination, excerpts, and transcriptions. B. The Contractor agrees to include in first -tier subcontracts under this contract a clause substantially the same as subparagraph 14.A., above. "Subcontract;" as used in this clause, excludes purchase orders not exceeding $10,000. 00500 -4 C. The right to access and examination of records un subparagraph 14.A. shall continue until disposition of any mediation, claims, litigation or appeals. 1.15 OWNERSHIP OF DOCUMENTS All documents, reports, plans, specifications or other records, including electronic records, resulting from the services rendered by the Contractor under this contract shall be deemed the property of the City and the City shall have the rights incident to this ownership. The Contractor acknowledges that all documents prepared under this contract shall be public records, and shall be subject to public inspection and copying, as provided by the Florida Statutes chapter 119. Upon conclusion of this contract and any extensions, all documents shall be delivered by the Contractor to the City. The Contractor shall have the right to retain copies of the documents at the Contractor's expense. 1.16 SEVERABlIJTY Should any paragraph or any part of any paragraph of this contract be rendered void, invalid or unenforceable by any court of law, for any reason, the determination shall not render void, invalid or unenforceable any other section or part of any section of this contract. 1.17 CONTINGENCY FEE AND CODE OF ETHICS WARRANTY A. Contractor warrants that neither it, nor any principal, employee, agent representative or familiar member has promised to pay, and Contractor has not, and will not, pay a fee the amount of which is contingent upon the City awarding this contract to Contractor. B. Contractor warrants that neither it, nor any principal, employee, agent, representative or family member has procured, or attempted to procure, this contract in violation of any of the provisions of the Miami -Dade County or the City of South Miami conflict of interest and code of ethics ordinances. C. A violation of this paragraph will result in the termination of the contract and forfeiture of funds paid, or to be paid, to the Contractor. •• The signatories of this contract warrant that they are duly authorized by action of their respective city commission, board of directors or other authority to execute this contract and to bind the parties to the promises, terms, conditions and warranties contained in this contract. 1.19 INDEPENDENT CONTRACTOR The Contractor is finishing its services as an independent Contractor and nothing in this contract shall create any association, partnership or joint venture between the parties, or any employer- employee relationships. 00500 -5 IN WITNESS WHEREOF the parties hereto have executed this Agreement.pn the day and date first above written in five (5) counterparts, each of which shall, without proof or accounting for the other counterparts, be. deemed an original Contract, (Seal) Attest: Clerk City's Resolution No. WITNESS; (If corporation, attach Seal and alt eereta TO FORM City of South Miami City of South Miami, Party of the First Part By City Manager Contractor V Party of the Second Part Title APPROVED AS TO FINANCE: Dir otorofFinanc City of South Miami M In the event that the Contractor is a Corporation, the following certificate of resolution of the Board of Directors of the Corporation, authorizing the officer who signs the Contract to do so in its behalf shall be completed. 00500 -6 CERTIFICATE OF FLORIDA OF MIAMI DADE ) 1 HEREBY CERTIFY that a meeting of the Board of Directors of FLORIDA ENGINEERING & DEVELOPMENT CORP., corporation under the laws of the State of Florida, held on APRIL 30, 2009, the following resolution was duly passed and adopted: "RESOLVED, that JOSE VEGA, as President of the corporation, be and he is hereby authorized to execute the Contract date AUGUST 31, 20 09 between the CITY OF SOUTH MIAMI a municipal corporation, and this corporation, and that this execution thereof, attested by the Secretary of the corporation and with corporate seal affixed, shall be the official act and deed of this corporation." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the' corporation this 31st day of August. 2009. Secretary END OF SECTION 00500 -7 �: ® M �� C,�